Trust property - PPR

Discussion in 'Legal Issues' started by wayne, 6th Nov, 2018.

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  1. wayne

    wayne Well-Known Member

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    We have an IP held in a trust structure (fixed unit trust) with a corporate trustee.

    We are looking at making this our PPR for the long term and have been unable to find a way to achieve the exemptions associated with PPR other than selling the property to ourselves removing it from the Trust.

    Would anyone know if there are any concessions with stamp duty and CGT when you sell to yourself.

    Thanks

    Wayne
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    If it is a fixed trust and the unit holders became the owners there may be CGT exemptions and stamp duty exemptions.

    Actually the main residence exemption could even apply.
     
  3. wayne

    wayne Well-Known Member

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    Thanks Terry, I hope we can limit fees associated with the transaction.
     
  4. wayne

    wayne Well-Known Member

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    Yes the Trust is a fixed unit Trust with 100% of the units assigned to me (I' am also a director of the corporate trustee).
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Speak to a duties lawyer about trust merger. Unless there is a mortgage involved could be a saver. Lawyers will need to address the CGT exemptions too as its complex and needs legal advice and potentially legal advice on ownership interests or a long term lease etc

    However there could be CGT issues OR if the property came to be held in a trust after a dev then there could be more complex issues too. A liitle advice and planning will assist
     
  6. wayne

    wayne Well-Known Member

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    Are there any recommendations for NSW lawyers, specialising in trusts and duties.
     
  7. Phantom

    Phantom Well-Known Member

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    The lawyer @Terry_w who has commented above specialises in entity structuring and is in Sydney.
     
    Last edited: 10th Nov, 2018
    Terry_w likes this.